The Johnson County Board of County Commissioners voted today to authorize its chief attorney to review ballot language for a public safety sales tax resolution and shift the election from November 2025 to March 2026. The Board will consider any actions associated with these directions at a future meeting.

This decision follows receipt of an opinion issued earlier this week by the Kansas Attorney General that raised questions about the county’s authority to include certain public safety construction and operational costs within the existing sales tax renewal resolution.

In a good faith effort to avoid unnecessary and costly litigation from the Attorney General against Johnson County or individual County officials, the Board also authorized its chief counsel to file a declaratory action to clarify the state statute through the court and determine whether it can move forward with the proposed public safety sales tax extension under existing statues.

“The current Public Safety Sales Tax does not expire until March 2027, which gives us time to seek clarity from the court on bringing this question to the voters on a future ballot,” said Board Chair Mike Kelly. “I strongly disagree with the Attorney General’s opinion, both on our authority to bring the question to voters and to his very narrow view of what qualifies as public safety.”

The Public Safety Sales Tax—first approved by voters in 2016—funded construction of the County Courthouse and Medical Examiner’s facility along with demolition of the prior Courthouse. Cities within Johnson County, which receive 36% of proceeds from this sales tax, have used their portion to fund a variety of public safety projects, including police vehicles, mental health co-responders and facilities construction.

“We remain committed to providing sustainable public safety funding for our rapidly growing and aging population,” said Kelly. “It is important for Johnson County residents to feel confident that what we’re asking them to vote on is not only necessary and critical, but legitimate and legal.

Residents and area cities will continue to benefit from existing sales tax funding while the County pursues judicial clarification.